Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Consent searches

95: Ability of persons under 14 years to consent to searches of places, vehicles, or other things

You could also call this:

"Kids under 14 can't agree to searches, except when driving alone."

If you are under 14 years old, you cannot agree to a search of a place, vehicle, or other thing. You are too young to make this decision on your own. This rule is in place to protect you.

However, if you are under 14 and driving a vehicle with no one else in it who is 14 or older and can make decisions, this rule does not apply to you in this situation. In this case, you can agree to a search of the vehicle. This is because there is no one else with you who can make the decision to agree to the search.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136779.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
Previous

94: Circumstances where search by consent unlawful, or

"When you can't agree to a search, even if you want to"

Next

96: Exceptions to consent search rules, or

"When can police search you without following the usual consent rules?"

Part 4General provisions in relation to search, surveillance, and inspection powers
Consent searches

95Ability of persons under 14 years to consent to searches of places, vehicles, or other things

  1. A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.

  2. Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle.